Smith v. State

OPINION

JANE BLAND, Justice.

A jury convicted Joseph Wayne Smith of murder and assessed his punishment at twenty-five years’ confinement. See Tex. Penal Code Ann. § 19.02(b) (West 2003). On appeal, Smith contends that: (1) the evidence is factually insufficient to support his conviction; (2) the evidence is legally and factually insufficient to support the jury’s negative finding on the issue of sudden passion during the punishment phase; (3) the trial court erred in excluding testimony about the complainant’s prior violent acts; (4) the trial court erred in sustaining the prosecutor’s…